Canadian Intellectual Property Law and Strategy

Canadian Intellectual Property Law and Strategy : Trademarks, Copyright and Industrial Designs

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Description

Canadian Intellectual Property Law and Strategy provides a comprehensive overview of Canadian law relating to trademarks, copyright and industrial designs, along with strategic, practice-oriented commentary regarding how such laws can best be used for business advantage. This book provides a unique, strategic, transnational approach to protecting IP rights in Canada for legal practitioners outside Canada. It is a single, unified source for trademark, copyright, and industrial design law in Canada, including detailed analysis of the processes required to obtain and maintain intellectual property protection, with helpful examples drawn from the author's extensive practice experience. Canadian Intellectual Property Law and Strategy is organized into three parts: The first part of the book is devoted to trademarks. The book, in addition to providing an overview of Canadian trademark law, deals with how a foreign trademark owner can use the system most advantageously. The initial focus is on acquisition of rights while later chapters describe the best strategies to maintain and protect trademark rights in Canada.The second part of the book is devoted to copyright, with a broad, business-oriented treatment that reflects the potentially far-reaching impact of the law. The approach is of a general commercial nature, emphasizing how rights can be protected in Canada. Specific attention is given to understanding which rights are available and the steps that should be taken to protect those rights, whether by means of the appropriate assignments and registrations, or enforcement actions in the Canadian courts. The third part of the book focuses on industrial designs, and explains what needs to be done and when by manufacturers to protect their products. The emphasis is on the steps required to protect and assert rights against infringers.show more

Product details

  • Paperback | 460 pages
  • 152 x 232 x 30mm | 780.17g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195369424
  • 9780195369427

Review quote

"John McKeown's book is an excellent resource for anyone who needs information about IP legal issues in Canada. It includes both a thorough reference to relevant case law and statutes, as well as invaluable practical advice from an IP lawyer with a wealth of experience. It belongs on the shelf of any IP practitioner with clients who reside in or do business with Canada." --Jim Davis, Partner, Arent Fox LLP, Washington D.C. "This book provides a comprehensive resource for U.S. practitioners with respect to intellectual property law in Canada. Its organization is clear and concise, with practical information easily accessible to the reader." --Deborah Lively, Thompson & Knight LLPshow more

Table of contents

I. PROTECTION OF TRADE MARKS IN CANADA ; TRADE MARK LEGISLATION IN CANADA ; DEFINITIONS ; (A) TRADE MARK ; (B) DISTINCTIVENESS ; (C) PROHIBITED MARKS ; (D) OFFICIAL MARKS ; REGISTRABILITY ; (A) DESCRIPTIVE OR DECEPTIVELY DESCRIPTIVE TRADE MARKS ; (B) ACQUIRED DISTINCTIVENESS ; (C) NAMES OF THE WARES OR SERVICES ; ACQUISITION OF RIGHTS ; (A) ADOPTION ; (B) MAKING KNOWN ; (C) PROPOSED USE ; (D) TRADE MARKS REGISTERED ABROAD ; TRADE MARK USE ; (A) THE CONCEPT ; (B) WARES ; (C) SERVICES ; (D) EXPORTED WARES ; ENTITLEMENT ; (A) MARKS THAT HAVE BEEN USED OR MADE KNOWN IN CANADA ; (B) MARKS REGISTERED AND USED ABROAD ; (C) PROPOSED USE MARKS ; APPLICATIONS ; (A) CONTENT ; (B) EXAMINATION ; (C) DISCLAIMERS ; (D) ADVERTISEMENT ; REGISTRATION AND MARKING ; (A) ALLOWANCE ; (B) EFFECT OF REGISTRATION ; (C) MARKING ; ASSIGNMENTS AND LICENCES ; (A) ASSIGNMENTS ; (B) LICENCES ; EXPUNGEMENT ; (A) SECTION 45 PROCEEDINGS ; (B) EXPUNGEMENT BY THE FEDERAL COURT ; CONFUSING TRADE MARKS ; (A) THE STATUTORY CRITERIA ; (B) INHERENT DISTINCTIVENESS ; (C) DURATION OF USE ; (D) THE NATURE OF THE WARES, SERVICES OR BUSINESS ; (E) THE NATURE OF THE TRADE ; (F) RESEMBLANCE ; OPPOSITION PROCEEDINGS ; (A) STATEMENT OF OPPOSITION ; (B) EVIDENCE ; (C) HEARING ; (D) APPEAL ; INFRINGEMENT ; (A) THE CONCEPT ; (B) DEPRECIATING THE VALUE OF GOODWILL ATTACHED TO A TRADE MARK ; (C) ACTIONS FOR INFRINGEMENT ; (D) REMEDIES ; COMMON LAW RIGHTS ; II. DOMAIN NAMES ; (A) BASIC CONCEPTS ; (B) AVAILABILITY OF DOMAIN NAMES ; (C) PROTECTING DOMAIN NAMES AS TRADE MARKS ; (D) CYBERSQUATTING AND RELATED PROBLEMS ; (E) CRITICISM OR GRIPE SITES ; III. UNDERSTANDING COPYRIGHT ; COPYRIGHT LEGISLATION IN CANADA ; (A); INTRODUCTION ; DEFINITIONS ; (A) ACQUISITION ; (B) ORIGINALITY ; (C) FIXATION ; (D) COMPILATIONS ; (E) DERIVATIVE WORKS ; LITERARY WORKS ; (A) WHAT IS PROTECTED? ; (B) THE RIGHTS ASSOCIATED WITH LITERARY WORKS ; DRAMATIC WORKS ; (A) WHAT IS PROTECTED? ; (B) RIGHTS ASSOCIATED WITH DRAMATIC WORKS ; MUSICAL WORKS ; (A) WHAT IS PROTECTED? ; (B) RIGHTS ASSOCIATED WITH MUSICAL WORKS ; ARTISTIC WORKS ; (A) WHAT IS PROTECTED? ; (B) RIGHTS ASSOCIATED WITH ARTISTIC WORKS ; CINEMATOGRAPHIC WORKS ; (A) WHAT IS PROTECTED? ; (B) RIGHTS ASSOCIATED WITH CINEMATOGRAPHIC WORKS ; PERFORMERS RIGHTS ; (A) WHAT IS PROTECTED? ; (B) RIGHTS ASSOCIATED WITH PERFORMERS RIGHTS ; SOUND RECORDINGS ; (A) WHAT IS PROTECTED? ; (B) RIGHTS ASSOCIATED WITH SOUND RECORDINGS ; BROADCASTERS RIGHTS ; (A) WHAT IS PROTECTED? ; (B) RIGHTS ASSOCIATED WITH BROADCASTERS RIGHTS ; MORAL RIGHTS ; (A) THE NATURE OF THE RIGHTS ; (B) INFRINGEMENT ; TERM OF PROTECTION ; OWNERSHIP ; (A) AUTHORSHIP ; (B) WORKS OF JOINT AUTHORSHIP ; (C) SPECIAL CLASSES OF WORKS ; (D) CONTRACTS OF SERVICE ; CROWN COPYRIGHT ; ASSIGNMENT ; (A) REQUIREMENTS ; (B) DEVOLUTION ; (C) BANKRUPTCY ; LICENCES ; REGISTRATION AND MARKING ; (A) AUTOMATIC PROTECTION ; (B) EFFECT OF REGISTRATION ; (C) MARKING ; INFRINGEMENT AND EXCEPTIONS ; (A) CONCEPT ; (B) AUTHORIZING INFRINGEMENT ; (C) SECONDARY INFRINGEMENT ; (D) EXCEPTIONS ; (E) ACTIONS FOR INFRINGEMENT ; (F) REMEDIES ; COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF RIGHTS ; (A) JURISDICTION ; (B) COLLECTIVE ADMINISTRATION OF RIGHTS ; IV. UNDERSTANDING INDUSTRIAL DESIGNS ; INDUSTRIAL DESIGN LEGISLATION IN CANADA ; DEFINITIONS ; (A); SUBJECT MATTER ; ORIGINALITY ; (A) NATURE OF THE CONCEPT ; PUBLICATION ; (A) THE MEANING OF PUBLICATION ; APPLICATIONS ; REGISTRATION AND MARKING ; (A) DESIGNS REGISTERED AFTER JUNE 1993 ; (B) DESIGNS REGISTERED BEFORE JUNE 1993 ; TERM OF PROTECTION ; OWNERSHIP ; (A) AUTHOR ; (B) DESIGNS EXECUTED FOR CONSIDERATION ; ASSIGNMENT ; LICENCE ; EXPUNGEMENT ; INFRINGEMENT ; (A) CONCEPT ; (B) ACTIONS FOR INFRINGEMENT ; (C) REMEDIESshow more

About John McKeown

John McKeown is a partner at Cassels Brock in Toronto, where his practice focuses on the advocacy and advice concerning intellectual property and related marketing matters, including protecting trademarks, copyrights, patents, confidential information and misleading advertising and related claims under the Competition Act. He also acts for a number of U.S. law firms, helping them protect their clients' intellectual property rights in Canada. He is the author of Fox, Canadian Law of Copyright and Industrial Designs (Carswell/Thomson 4th Edition, 2003), the leading copyright textbook in Canada.show more

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